Splitting large apartment into 2 apartments

Discussion in 'Development' started by Excalibur1, 19th Feb, 2018.

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  1. Excalibur1

    Excalibur1 Well-Known Member

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    I was not sure if this is the right place to post this....

    A friend of mine flicked me a listing that seems interesting. Its a top floor apartment that is 4 bedrooms, 2 bathrooms and 2 kitchens (yes 2 kitchens)

    This apartment some 30 years ago used to be 2 individual units (owned by one person), but the owner wanted to combine it and got the approvals to do just that, but they kept both kitchens.

    Now the place is for sale and I would like to find out if it can be split up again but I'm not sure who to turn to in regards to this? I have contacted a town planer and I am waiting to see their response. He did mention when we spoke briefly that we might need body corporate approval for this to happen.

    Has anyone come across a similar thing and what did you do to split up an apartment. It is a building of 15 apartments (currently). This is located in Sydney.
     
  2. bunkai

    bunkai Well-Known Member

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    Can you check if it is still two separate lots? In that case you probably only need a wall.
     
  3. Marg4000

    Marg4000 Well-Known Member

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    You will certainly need body corporate approval, and probably council approval too.

    You will probably be subject to current council regulations which may be different to when the unit was previously two units. Car parking may be an issue.

    A lot will depend on what approvals, conditions and processes were undertaken when the original units were joined.
    Marg
     
  4. Excalibur1

    Excalibur1 Well-Known Member

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    @bunkai - the previous owner went though council and they combined them into one lot.

    @Marg4000 - The units have had dividing wall knocked down and one of the entry doors was sealed in so that there is only one door now. They left everything else the same. It would be interesting to see if body corporate would allow it. I always try to think of worst case scenario and then try and resolve. What are the options if they refuse and council allows?
     
  5. Marg4000

    Marg4000 Well-Known Member

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    Each unit in a complex has an entitlement on which the BC fees are charged.

    You will probably have an easier time with the body corporate if the existing unit still holds two entitlements, one for each original unit. But this will mean the current owner is paying two lots of fees. If the entitlements were officially merged into one entitlement, you will need BC approval to split back into two entitlements in order to be able to sell the units individually.

    As I said, the way the units were legally analgamated will dictate how easy it is to split them again.

    And check valuations carefully, it may well be that the two split units will be worth less individually than combined depending on demand in the area.
    Marg
     
  6. Excalibur1

    Excalibur1 Well-Known Member

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    @Marg4000 thanks for that info. I would have thought that they might not like it as their voting power will be reduced. Instead of having 1/15th now they have 1/16th.

    I have ordered the strata report to see what is happening. As per the agent it looks like the owner is paying 1 fee. The parking should not be a problem as the parking spots are one next to another.

    I will need to wait and see what the strata report says and what the town planner says. I just wanted to see if anyone went through similar process.

    Thanks for your info. I always enjoy reading your posts :)
     
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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    You can't submit a da to council unless you have consent from the BC. This scenario cannot occur, though you may get in principal agreement
     
  8. Excalibur1

    Excalibur1 Well-Known Member

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    @Scott No Mates - so if BC says no, there is not way of dividing units??
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    Pretty much - you may get some traction if you engage a town planner and take on the BC to review it's decision.
     
  10. Tufan Chakir

    Tufan Chakir Well-Known Member

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    Check the property title - see what you are actually dealing with first
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    @Tufan Chakir - covered off in the first couple of posts. ..

    Then the OP asks:

     
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  12. bunkai

    bunkai Well-Known Member

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    The actually voting power will not have changed as the total unit entitlement remains the same. There are a number of rules with voting but ultimately it comes down to unit entitlement. Unit entitlement isn't necessarily equal per unit but assuming it was and that there were originally 16 units. The owners would have 2/16ths of the aggregate vote - roughly.
     
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  13. Excalibur1

    Excalibur1 Well-Known Member

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    Interesting - Thanks everyone for your time and input. I'm still waiting to see what town planner has to say.